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Item K1 Meeting Date: BOARD OF COUNTY COMMISSIONERS AGENDA TTRM SUMMARY ~lne ?O. 200? Division: RO~~ Bulk Item: No x Department: DiRtrict Five AGENDA ITEM WORDING: Approval of interim funding for the Key Largo Independent Elected Sewer Board to oversee sewer projects in the Key Largo/ Tavernier area. ITEM BACKGROUND: On November 20, 2001, the BOCC approved the bill to allow the Key Largo Independent Elected Sewer Board to become Florida law on or about June, 2002. This was agenda item Q-1. This agenda included a provision to fund the Key Largo Sewer board for the first years' administrative costs for the amount of $100,000, to be included in the County 2002 budget. This funding is critical to wastewater efforts in the Upper Keys to provide basic payments until a referendum in March, 2003 can provide funding for operating expenses. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing Risk Mgt. DIVISION DIRECTOR APPROVAL:~'4 f ~~~~ , / C MURRAY F. NRT.SON. ~ommjRRjoner DOCUMENTATION: Included: x To Follow: Not Required: DISPOSITION: AGRNDA TTRM :/:I: ~ -/{ / AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard. Such information shall be on a card provided by the County. An individual has three minutes and a person representing an organization has five minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes). The first person representing the organization will be allowed the five minutes. Subsequently, all other speakers on behalf of that organization have three minutes to address the Board. Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow-up comments, unless the issue involved is quasi judicial in nature. In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. Please note that all time approximate items are listed in bold. Tuesday, November 20,2001 Key Largo Library Tradewinds Shopping Plaza 101485 Overseas Highway Key Largo, Florida Regular Meeting 10:00 A.M. Lower & Middle Keys Fire & Ambulance District Board of Governors 11 :30 A.M. Public Hearings 3:00 P.M. Public Hearings 5:01 P.M. TIME APPROXIMATE REGULAR MEETING NOTES 10:00 A.M. CALL TO ORDER INVOCATION SALUTE TO FLAG ORGANIZATIONAL MEETING 1. Selection of the Mayor and Mayor Pro Tern of the Commission 2. Approval of Resolution electing the Mayor and Mayor Pro Tern for the Board of County Commissioners for 2001-2002 3. Approval of Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers' and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations 1 " ", (," (';-", .."'. . ... . '" 3:45 P.M. 4:00 P.M. Q. v 5:01 P.M. R. O. PUBLIC HEARINGS - CONTINUED ~3. Public hearing on a resolution renouncing and discIainiiilg any right of the County and the public in and to a p~lrt of a portion of an alleyway between Lignum Vitae Drive and M~lhog~lIlY Drivc, Pamela Villa Subdivision, Key Largo, Florida 4. Public hearing on a resolution rcnouncing and discIaim~ng any right of the County and the public in and to a portion of Washington Avenue, Largo Beach, Tavernier, Monroe County, Florida P. SOUNDING BOARD 1. Discussion on "Sctting the Rccord Straight" - Charles Brool{S WASTEWATER ISSUES 1. COMMISSIONER NELSON - Discussion of boundaries and areas of responsibilities fOI' the Key L:lrgoffavernier independent elected sewer board COMMISSIONER MCCOY - Chairperson of the Monroe Commissioners as one of the Funding COMMISSIONEE WILLIAMS - Discussion and approv~ll of an agreement with the FKAA conceming Key Largo Wastewater Treatment Approval of Resolution R~ltifying Request for Key Largo Wastewater Tre~ltment System(s) Proposals, Directing and Scheduling Staff Evaluation of Proposals,Reserving Decision Making Authority to the BO:lrd of County Commissioner's, , Rescinding References to Evaluation by Others, Reconfirming Entitlement to Update Cost Proposals, Finding Potential Diminution or Loss of Funding, and Providing an Effective Date 2. Confirm the action of the County Board of County signatories for W:rstewater 3. 4. PUBLIC HEARINGS 1. Public hearing to consider a Budget Amendment to the Key West Airport Fund, #404 9 11/20/01 2001/348 ~"-"., (," ". \ ""'. SOUNDING BOARD Charles Brooks addressed the Board concerning "Setting the Record Straight". WASTEWATER ISSUES Commissioner Nelson discussed his item with the Board concerning boundaries and areas of responsibilities for the Key Largorravernier independent elected sewer board. The following individuals addressed the Board: Bill Smith, repre~~nting the Florida Keys Contractor's Association; John Loftis, Howard Gelbman, Charles A. Russell, representing the Key Largo Chamber of Commerce; Van Cadenhead, Michael Fagan, Ann Nickerson, DeeVon Quirolo, Attorney Bob Feldman, representing the Florida Keys Aqueduct Authority; Jerry Wilkinson, Adam Koslofsky, Pauline Klein, J an Darden, representing the Stillwright Point Property Owner's Association; Charles Causey, representing the Florida Keys Environmental Fund; Marby Causey, Jody Thomas, representing the Nature Conservancy; Nancy Klingener, representing the Ocean Conservancy; Doris Kendall, Joe Harris, representing the Artists Environmental Foundation of the Florida Keys; Hal Heim;,and Rebecca Jetton, representing the Florida Department of Community Affairs. After diseussion, motion was made by Commissioner Nelson and seconded by Commissioner Spehar directing Representative Ken Sorenson to allow the current bill for an independent elected sewer board for Key Largo/Tavernier to proceed through the Florida House of Representatives and become Florida law on or about June 2002, subject to passage by the House of Representatives. Should such a bill become Florid law, staff will direct the Supervisor of Elections, Harry Sawyer, to place on the November ballot, 2002, the selection of five sewer commissioners for the above area. Roll call vote was taken with the following results: Commissioner Nelson Commissioner Neugent Commissioner Spehar Commissioner Williams Mayor McCoy Yes Yes Yes No Yes .1'" Motion carried. Motion was made by Mayor McCoy and seconded by Commissioner Nelson to adopt the following Resolution confirming the action ofthe Chairperson ofthe Monroe County Board of County Commissioners as one of the signatories for Wastewater Funding. Motion carried unanimously. RESOLUTION NO. 468-2001 Said Resolution is incorporated herein by reference. Scott Witney, representing Covanta Water briefly addressed the Board concerning approval of Resolution ratifying request for Key Largo Wastewater Treatment System(s) Proposals, Directing and Scheduling Staff Evaluation of Proposals, Reserving decision making authority to the Board of County Commissioners, Rescinding references to evaluation by others, BOARD OF COUNTY COMMISSIONERS AGRNnA T~RM St~MARY (:":~~ting, Date: Nov ?1 . ? 001 Division: Horr Bulk Item: No X Department: Di Rt.ri ct. Five AGENDA ITEM WORDING: Discussion of boundaries and areas of responsibili- ties for the Key Largo/Tavernier independent .elected sewer board. ITEM BACKGROUND: On July 19, 2001, the BOCC instructed the County Attorney to draft a bill to create an independent elected sewer board for Key Largo/ Tavernier. This bill has gone through the House of Representatives and has been approved by bill drafting for legal sufficiency. It was returned to staff and the BOCC for review and is now proceeding through the House of Representatives to become law in the spring of 2002. Since the BOCC reserved the right to pull this bill up to Feb. 2002, how would the BOCC like to proceed on this issue? PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: C':. 8TAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Attorney OMB/Purchasing Risk Mgt. DIVISION DIRECTOR APPROVAL: '~€~JcU0 MURRAY R. NRT.SON. rommiRRioner DOCUMENTATION: Included: X To Follow: Not Required: DISPOSITION: ( , '-- ' AGRNnA T~RM it g-- & 0 - G I (' I" Chapter 02- An Act Relating To Monroe County; Amending Chapter 76-441, Laws of Florida, As Amended, Relating To The Florida Keys Aqueduct Authority (FKAA),. By Terminating The FKAA's Wastewater Collection And Treatment Jurisdiction For That Area Of Key Largo Including All lands East Of Tavernier Creek Including Tavernier, Key Largo And Cross Key With The Exception Of Ocean Reef, And Giving That Jurisdiction To An Independent Special District Entitled The Key Largo Wastewater Treatment District (District); Providing That The District May Exercise All Powers Exercisable By The FKAA Relating To Wastewater Collection And Treatment; Providing For Terms Of Office For The District's Governing Board Members And Pr~viding That Boara Members Shall Be Elected. Be It Enacted By The legislature Of The State Of Florida: Section 1.) Chapter 76-441, laws of Florida, is hereby amended by the addition of the following: 1.) There is hereby created an independent special district entitled the Key Largo Wastewater Treatment District (district) for the construction and operation of facilities for the collection and treatment of wastewater. The district shall consist of Key largo including all lands east of Tavernier Creek including Tavernier,' Key largo and \ ~' Cross Key with the exception of Ocean Reef, all in Monroe County, Florida. The district shall have jurisdiction over the collection and treatment of wastewater within the district's boundaries. The Florida Keys Aqueduct Authority (FKAA) jurisdiction over wastewater collection and treatment within the district is hereby terminated. 2.) ,The district shall have all the powers that may be exercised by the FKAA pursuant to Chapter 76-441, Laws of Florida, as amended, for the collection and treatment of wastewater, Ie : '; \., " 3.) The governing board of the district shall consist of five elected members who must be residents and electors of the district. Governing board members ~hall be elected at large in a nonpartisan election held in, conjunction with each general election. Any individual desiring to be elected to the governing board must qualify pursuant to general law. The candidates receiving the highest five vote totals shall be deemed elected to the governing board. The terms of office shall be four years and shall begin and end at the same dates as the terms of the members of the County Commission; provided, however, that at the initial election the governing board members elected with the two lowest vote totals shall serve a term ( " \. '. -." of only two years. Thereafter all governing board member ,terms shall be for four years. The governing board shall adopt all rules necessary for the conduct of Its business. Governing board members shall be entitled to receive as compensation for their services a fee of Three Hundred ($300.00) Dollars per meeting, not to exceed three ,meetings per month. The compensation amount shall be adjusted annually based upon the index provided pursuant to Section 287.017(2) Florida Statutes. In addition, each board member shall be reimbursed for expenses as I, , i. .' provided in Sec. 112.061, F.S. Governing board members shall be bound by the conflict of interest and disclosure laws applicable to public officers set forth in Chap. 112, Part III, F.S. 4.) At the first meeting of the governing board, the governing board members shall elect one of their members to be the chairperson of the board. Thereafter, the chairperson shall be so elected on an annual basis. Section 2.) This act shall take effect upon becoming a law. I, ,'.'\ \, t,':J ~i...~; ! ;,-! II \II I l~::! II' \/ .I! i il'''.'..:-:..._::.:::~,:'-=:'.__...::-.:2.j I 1/ ; -I, I I' ;, \') JUl 2 3 2001 ; i r 017 +1 An..,.., I i i\ \ l 0 Overseas Highwar ~el u-uu !;I ji.J \il Largo, Florida 33037 KEY LARtS Fax (305) 451-472; - 1414 or (8~0) 822-1083 www.fJondakeys.or:; ChmnberofConunerce July 17, 2001 Commissioner Murray Nelson 99198 Overseas Hwy Suite 11 Key Largo, FI 33037 Dear Commissioner Nelson, Thank you for meeting with the Key Largo Chamber of Commerce Board of Directors on July 13, 2001. We sincerely appreciate the opportunity to hear your thoughts on the current issues facing our Florida Keys and your courtesy to listen to feedback from our directors and members. Immediately after our breakfast meeting with you, the Board of Directors held a Special Board meeting. The following is a recap of this meeting: · The Board of Directors voted to support a proposal to create an elected five member Sewer Board comprised of Key Largo residents. ~ · The Board of Directors voted to support, in concept, a proposal for Monroe I. County to purchase the Rowell's property for sound business reasons and for community events subject to member approval based on member survey results. · The Board of Directors agreed that a decision must be made regarding the safety of the 18 mile stretch and will be providing a survey to Chamber members this week before making a decision which proposal to support. Further, the Trauma District was discussed and the Board urges you to be certain that agreements with the agencies involved are in place before abolishing the Trauma District. Thank you again for your continued active participation and attention to the issues of all of Monroe County. Sincerely, b-Pz-~ Bette Brown ' Chairman of the Board c ' .. ~, The First of the Fabulous Florida Keys Dive Capital of the World Page 1 of 1 Murray Nelson From: (" ",To: \',' Sent: Subject: "Mary Mather" <KeysGram@webtv.net> <boccdis5@mail.state.f1.us> Monday, October 29,2001 10:54 AM Key Largo Civic Club Minutes The following notation from the official minutes of the Oct.23J2001 meeting reads: ' Commissioner Nelson reported on the question of whether Key Largo sewer matters should remain with FKAA or to be controlled by an elected board. In an unofficial vote of 37 present 2 were against, one abstained and 34 were in favor of an elected board. K6 y I-ARG-o a I v, c. (! ~v8 V()r~ ON' 'SlEwEte B()'A(? b (:":::! ',;::::~:: 10/30/2001 ...... KEY LARGO WASTEWATER SURVEY SURVEY FORM RESULTS There were 57 survey forms returned at the meeting. There were 21 citizens who provided comments in addition to completing ( "lhe survey. These notes are distilled from the handwritten comments of the individuals attending the meeting. $ $ $: Get a newRFP ... yyy y Specific figures . Location of treatment facilities Use of wastewater & pipes to use it Removal cost of existing system Monthly maintenance costs Hookup costs Keep the $34 million in KL as already committed. . . y Y (changing tlle agreement would lead to mayhem and jeopardize grants) Proceed without federal & State. . . Y Y Y Y (But keep on begging)\, price will go up, economy's declining let it help us) Proceed only with Federal & State Funding (because it is a mandate) . . . Y \. We need money up front. . . Y Y No one gets money up front, start tomorrow. . . Y Y CONSULTANTS: Do not spend $100,000 for a consultant firm. . . . Y (. ",PREVIOUS CONTRACT: No planning before concept of plan began. .. Y What cost overrun protection is there. . . Y Who else anywhere else has done tltis before. . . Y Ogden's credibility. . . Y Y SEWER BOARD: Do Nothing Without an Elected Sewer Board. . . Y Y Let the Scwer Board write the RFP . . . Y Let tlle Sewer Board negotiate tlle new contract. .. Y Y Let tlle Sewer Board make ALL decisions for KL wastewater (if necessary) . .. Y Sewer Board option might change if I knew more about tltis . . . Y Use BOCC until sewers are built, tllen elect sewer board. . . Y Pull bill from House. . . No to Independent Sewer Board. . . Y DO WE NEED A SYSTEM & WA TER QUALITY: Reconsider Nabors & Giblin, reexamine RFP process to include alternate teclmologies otller tllan deep well, RFP for hot .. spots :. . y Why do we need sewers (All of Miami Dade isn't sewered, and tlley don't have to sewer). . . Y We need a fuIl geological survey to make bids meaningful (Bayside doesn't equal oceanside) . .. Y C:Academy of Science shuld to a report about water quality. . . Y We need to determine if we need all of tills expense (if it won't improve water quality) . . . Y Do we need central system. . . Y What type of central system is the correct approach to advanced wastewater treatment. . . Y OTHER COMMENTS: Any company is OK, as long as residents of Key Largo are protected. . . Y What's the rush? . . . Y Site localion needs to be away from homeites . . . Y Citizens need to be fully informed of what any proposed systm would equal (See Sugrue's comments) . . . Y Remove FKAA . . . Y THANKS: Thanks Murray For AIl the Hard Work. . . Y Y Y (- ( FUNDING AN ELECTED SEWER BOARD 1. Authorize in the 2002 budget $100,000 to be provided to the Independent Elected Sewer Board for the first years' administrative costs. 2. When the board is seated in November 2002, a tax of .2 mills could be levied for the boards operations which would generate approximately $240,000 per year for fiscal year 2003. 3. Total cost of five sewer commissioners at two meetings a month would be $300 x 5 x 12= $36,000 per year, plus expenses. 4. First year of operation the board could use the offices of Commissioner Nelson to meet, make telephone calls, negotiate contracts, and generally get organized. 5. Local attorneys, CPA's, and secretarial services would be volunteered. 6. Public meetings would' be held in the Key Largo Library. 7. All existing FEMA and EPA funds would come under the authority of the new Key Largo Independent Elected Sewer Board,as would all new state and federal sewer funds as well as grants. (/', PROPOSED BUDGET FOR K.L.I.E.S.B. 1. OFFICE - $1,000 X 12 = 2. SECRETARY - $15/HOUR X 2,000 = $ 12,000 30,000 3. OFFICE EQUIPMENT - $300 X 12 = 4. TELEPHONE & FAX LINE - $100 X 12 = 3,600 1,200 5. ELECTRIC BILL - $150 X 12 = 1,800 6. OFFICE SUPPLIES - $50 X 12 = 600 7. ADS IN NEWSPAPERS - $100 X 12 = 1,200 8. LEGAL COUNSEL - $200/HOUR X 24 X 4 = 57,600 9. CPA CHARGE - $800IMONTH X 12 = 9,600 10. MISC. EXPENSES - $200 X 12 = 2,400 (,',i ( ,I ('" " 11. BEEPER-$10X6XI2= 720 TOT AL PER YEAR $120,720 Key Largo/Tavernier total real estate value is approximately 1.4 billion dollars 1.4 billion dollars x .2 mills = $240,000 .1 mill x $100,000= $10.00peryear .2 mills x $100,000 valuation = $20.00 $700,000 spent by FKAA in the last three years = $273,573.00 per year with no results. An independent elected sewer board could not possibly do worse. State revolving funds at 3% would be available to the new K.L.I.E.S.B.